Terms Of Use & Legal Notices

Welcome to the Dogeared, Inc. Website (our "Site"). We provide our Site as a service to our customers. Please review the following basic rules which constitute our “Terms Of Use & Legal Notices,” which govern your use of our Site. By using our Site you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Site (collectively the "Agreement"). Your use of our Site constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Site. Although you may "bookmark" a particular portion of our Site and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Site still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.

Proprietary Rights. Unless otherwise noted, all written and/or other materials that are part of our Site, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Dogeared, Inc. and/or its affiliates (collectively “Dogeared”) own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. The Dogeared trademarks, logos and other trademarks on our Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of Dogeared, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Your Use of Our Site. Our Site and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Site for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative of Dogeared. It is also strictly prohibited to download any images of Dogeared products which appear on our Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related intellectual property. You agree that if Dogeared, in our sole and unfettered discretion, requests in writing that you remove any link or links to our Site, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Site, or any part thereof, with or without notice.

No Warranties: Limitation of liability. Your use of and reliance upon any and all information, including but not limited to the content is at your sole risk. Such information is provided on an “as is” and “as available” basis. Dogeared makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness or such information. Dogeared expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall Dogeared and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Dogeared website, with the delay or inability to use the Dogeared website or related services, the provision of or failure to provide services, or for any information, software, products, service and related graphics obtained through the Dogeared website, or otherwise arising out of the use of the Dogeared website, whether based on contract, tort or otherwise, even if Dogeared or any of its suppliers has been advised of the possibilities of damages. Because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied any portion of the Dogeared websites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Dogeared website.

Security. Tampering with our Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Site are prohibited. Users are prohibited from violating or attempting to violate the security of our Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Site for unintended purposes or trying to change the behavior of our Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Site (impersonating our Site), or to our Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Dogeared, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Site other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to Dogeared, and to refrain from impersonating or falsely representing your affiliation with any person or entity. Not Geared Towards Children. Our Site is intended for use by individuals 13 years of age or older. Our Site is not directed to children under the age of 13. Users under the age of 13 must use the assistance of a parent or guardian before they use or visit our Site.

Errors, Corrections and Changes. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.

Information & Content You Submit to Us. By using our Site, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Site is not confidential. By submitting any solicited or unsolicited information using our Site, you grant to Dogeared, Inc. and its affiliates (“Dogeared,” as used herein) an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.
Indemnity. You agree to indemnify, defend and hold harmless Dogeared, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

Third Party Sites & Links. Our Site may contain links to other websites that are not under our control (“Third-Party Sites”). We provide links solely for the convenience and information of our Site users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on our Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. We make no representation or warranty as to any products or services offered on any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Applicable Law & Other Terms. Our Site is created, operated and controlled by Dogeared, Inc. in Culver City, California, in the United States of America. The laws of the State of California will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Los Angeles and/or Central District of California in all disputes arising out of or relating to the use of our Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Dogeared with respect to our Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dogeared with respect to our Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.